Bayoh family repeat call for Crown Office inquiry

Sheku Bayoh died after a confrontation with police in 2015

The family of Sheku Bayoh have repeated their call for the Scottish government to expand the remit of the public inquiry into his death, to cover Crown Office decisions not to prosecute anyone involved.

The 31-year-old died after being restrained by six police officers on a Kirkcaldy street in 2015.

Mr Bayoh's family say they have written to Kate Forbes on a number of occasions asking the deputy first minister to extend the inquiry's terms of reference.

Forbes says she has written to all the core participants to ensure her decision is fair and will respond as quickly as she can.

Since November 2022 a public inquiry has been examining the circumstances of Mr Bayoh's death, how it was investigated and whether race was a factor.

He lost consciousness after being restrained by six officers on Hayfield Road, Kirkcaldy, on the morning of 3 May 2015.

The father-of-two was under the influence of drugs, carrying a knife and behaving erratically when members of the public first contacted the police.

However, by the time officers arrived, he was no longer in possession of the blade.

A violent confrontation followed and Mr Bayoh was taken to hospital, where he later died.

His family have called for the inquiry to look into why the Crown Office decided not to prosecute the officers involved.

Earlier, his family met the judge leading the inquiry, Lord Bracadale.

'Statutory duty'

In a statement released after the meeting, the family's lawyer Aamer Anwar said they had written to Forbes on four occasions since they met her in the summer.

He said they were entitled to answers in relation to the decisions taken by the public bodies involved.

"After all the work that has been done, after a nine-year struggle by the loved ones of Sheku Bayoh, for these final critical questions not to be answered as we almost reach the end, would be unconscionable," he said.

"Unanswered questions do not go away, they fester and they grow and act against the public interest.

"With respect, if Kate Forbes cannot make a decision, then she should step aside and let someone else fulfil the promises made to the Bayohs by the Scottish government that the truth will prevail."

Speaking to BBC Scotland News, Forbes defended the time it was taking to respond to the Bayoh family.

"Bearing in mind that the formal request only came in in September, as the inquiry was nearing the end of the oral evidence after a number of years of the inquiry being established," she said.

"I have been moving as quickly as I can, consulting with the chair, which is my statutory duty as well as consulting with the other core participants".

A Scottish government spokesperson said: "Following the family's request to extend the inquiry's terms of reference, the Scottish government started the process of gathering views, including consulting with the chair of the inquiry.

"All relevant matters will be given full and careful consideration. This work is ongoing and a decision will be made as soon as possible."

A spokesperson for the Crown Office and Procurator Fiscal Service said: "The Crown examined the death of Sheku Bayoh in great detail and has reserved its right to prosecute should evidence in support of that become available.

"The consequences of changes to the terms of reference have potential to be far reaching, not just for this inquiry but for any case involving a decision not to prosecute.

"The Crown continues to be supportive of the inquiry, and respectful of the position of the Bayoh family, and is carefully considering the requests made. The Crown's position will be shared through appropriate channels as soon as is possible."

A spokeswoman for the Sheku Bayoh Inquiry said Lord Bracadale had stated throughout that the families of Sheku Bayoh were "at the heart of" the inquiry.

"An important part of this commitment is providing opportunities for them to meet the chair from time to time. Lord Bracadale held a private meeting with members of the family today," she said.

“The families of Mr Bayoh sought an extension to the terms of reference. The chair did not request an extension. The deputy first minister consulted the chair in line with the statutory obligation to do so and he responded on 18 November.

"The decision on whether to extend the terms of reference is a matter for Scottish ministers.”

The inquiry was announced in November 2019 and began a year later. It has cost more than £20m so far.